TENNESSEE BOARD OF PAROLE TITLE VI IMPLEMENTATION

educator in the field of Special Education. Additionally, she worked as a Career Ladder Evaluator for theDepartment of Education. Ms. Gregson is a past recipient of the Sterling Award, which honors the 20most influential women in West Tennessee outside Shelby County. She was recognized with a JeffersonAward for community service and has served on the boards of several non‐profit organizations. Ms.Gregson earned a Bachelor’s Degree in Special Education from Memphis State University (now theUniversity of Memphis) and a Bachelor’s Degree in Speech Therapy at the University of TennesseeSpeech and Hearing Center in Memphis. She also earned a Master’s Degree in EducationalAdministration and Supervision from Memphis State.Roberta Kustoff – Ms. Roberta Kustoff, from Memphis, Tennessee, was appointed to the Board ofParole on January 1, 2016. Ms. Kustoff, a native of Chattanooga, graduated with a Bachelor’s Degreefrom Bellarmine University in Louisville, Kentucky, and received her Juris Doctorate from the Universityof Memphis. After completing her law degree, Ms. Kustoff worked as a private practice attorney andthen, in 2010, as the Delinquent Tax Attorney for the Shelby County Trustee’s Office. Ms. Kustoff is amember of the Tennessee and Memphis Bar Associations, the Association of Women Attorneys ofMemphis, and the Memphis Estate Planning Council.Barrett Rich – Mr. Barrett Rich was appointed to the Board of Parole on November 5, 2014. Mr. Rich is aresident of Somerville, Tennessee and served in the Tennessee House of Representatives from 2008until 2014. During his time as a Representative, Mr. Rich served as Republican Majority Whip, ViceChairman of the Government Operations Committee, and Chairman of the Health sub-committee.Additionally, he was a member of the Judiciary Committee, Health Committee, Criminal JusticeCommittee, and Ethics Committee. Prior to his time in the legislature, Mr. Rich worked as a trooper withthe Tennessee Highway Patrol and served on the Governor’s Security Detail for both Governor Bredesenand Governor Sundquist. Mr. Rich graduated with a Bachelor’s Degree from Bethel University andearned his Juris Doctorate from the Nashville School of Law.Board ResponsibilitiesThe Board of Parole is charged with deciding which eligible felony offenders will be grantedparole and released from incarceration to community based supervision. The administrative duties ofthe Board are to establish criteria for granting and revoking parole; to develop and adopt long rangegoals and objectives for the agency including policies and procedures; to hire employees and incurexpenses as necessary to discharge the duties of the agency; to cooperate with other State agencies andtheir staff; at the request of the Governor, to make non-binding recommendations concerningexonerations, executive clemency, and commutations; and to develop and promote parole planningefforts (T.C.A. §40-28-104).These responsibilities are reflected in the Agency Mission and Vision Statements. The Board ofParole’s Mission Statement provides:‘The mission of the agency is to minimize public risk and promote lawful behavior by theprudent and orderly release of adult affenders.’8

Additionally, the agency Vision Statement provides:‘The vision of the agency is that it will be committed to a partnership with the citizens ofTennessee in promoting public safety and will be recognized as a leader in the area ofparole by:1.Participating in cooperative efforts such as community policing, multi-purposeservice centers, coordinated victim services, and interagency efforts.2. Providing employees with access to and training in the use of advancedtechnologies.3. Fostering a highly professional staff that is proficient in parole and revocationdecision-making and support services.4. Promoting effectiveness and efficiency through the use of outcome measures andinnovative approaches to service delivery.’The Executive Director has the responsibility for the day-to-day functioning of the agency. Thisincludes assisting the Board in the development and implementation of policies, procedures, budgets,reports, and agency planning documents. The Executive Director is also responsible for overseeingrecruitment and supervision of staff and maintaining communication and cooperation between theagency and the Department of Correction (T.C.A. 40-28-104).Senior level management for the agency consists of the Executive Director, two ParoleAdministrators, the Human Resources Director, the Communications Director, the Internal Auditor, theLegislative Liaison, and the General Counsel. The Parole Administrators are responsible for overseeingagency divisions, each of which has a Director or Manager, as cited in the organizational chart on page10. The Board of Parole contains eight administrative divisions, which include:1. Parole Hearings2. Board Operations3. Human Resources4. Fiscal Services5. Research, Policy, and Planning6. Training7. Legal Services8. Victims Services9

These administrative divisions are all housed in the Board of Parole’s central office in Nashvillewith the exception of the Parole Hearings Division. The Parole Hearings Division, which includes allParole Hearings Officer staff, is divided into four statewide Districts: Delta, West Tennessee, MiddleTennessee, and East Tennessee.10

STATE OF TENNESSEEBOARD OF PAROLE404 JAMES ROBERTSON PARKWAY, SUITE 1300NASHVILLE, TENNESSEE 37243-0850July 201911

Section 2 – Responsible OfficialsThe Chairman of the Board of Parole serves as the responsible State official charged withensuring that the Agency complies with Title VI. Mr. Richard Montgomery is the Chairman for the Boardof Parole.The current Title VI Coordinator is the person in the Agency designated to develop the annualimplementation plan. Angela Harrison, Human Resources Director, is the Title VI Coordinator for theBoard of Parole.The physical location of the Board is 404 James Robertson Parkway, Suite 1300, Nashville,Tennessee, 37243-0850.Richard MontgomeryChairmanAngela HarrisonTitle VI Coordinator12

Section 3 – DefinitionsAgency – any department or independent entity having Title VI responsibilities.Applicant – one who submits an application, request, or plan required to be approved by a departmentor a primary recipient as a condition of eligibility for Federal financial assistance.Assurance – a written statement or contractual agreement signed by the agency head in which arecipient agrees to administer Federally assisted programs in accordance with civil rights laws andregulations.Beneficiaries – those persons to whom assistance, services, or benefits are ultimately provided, alsoknown as clients.BOP – the Tennessee Board of ParoleBOPP – the Tennessee Board of Probation and ParoleComplainant – any person or specific class of individuals who believe themselves to be subjected todiscrimination prohibited by Title VI and, therefore, initiates the complaint in a legal action orproceeding.Complaint – a verbal or written allegation of discrimination which indicates that any federally assistedprogram is operated in such a manner that it results in disparity of treatment to persons or groups ofpersons because of race, color, or national origin.Compliance – the fulfillment of the requirements of Title VI, other applicable laws, implementingregulations and instructions to the extent that no distinctions are made in the delivery of any service orbenefit on the basis of race, color, or national origin (see also non-compliance).Contractor – a person or entity that agrees to perform services at a specified price.Discrimination – to make any distinction between people or groups, either interntionally, by neglect, orby the effect of actions or lack of actions, based on race, color, or national origin.Federal Assistance – any funding, property, aid, technical assistance, grants, or partnerships provided forthe purpose of assisting a beneficiary. This assistance may be provided in the form of grants, contracts,cooperative agreements, loans, loan guarantees, property, interest subsidies, insurance, directappropriations, and other non-cash assistance. Federal assistance includes any assistance receiveddirectly from Federal agencies or indirectly from other units of State and local government.Minority – a person or group differing in some characteristic from the majority of a population.Non-compliance – failure or refusal to comply with or implement the regulations and policies associatedwith the Title VI of the Civil Rights Act of 1964.13

Post-award Review – a routine inspection of agency programs during and after Federal assistance hasbeen provided to the beneficiary or recipient. These reviews may be cyclical or based on a prioritysystem contingent upon the potential for non-compliance in individual programs. Reviews are normallyconducted through on-site visits; however, desk audits and other mechanisms may also be used toassess operation of Federally assisted programs A post-award review may result in a written report thatshows the compliance status of agency program offices and recipients. When necessary, the report willcontain recommendations for corrective action. If the program office or recipient is found to be in noncompliance, technical asssistance and guidance must be provided to bring the recipient into voluntarycomplaince. If voluntary compliance cannot be secured, formal enforcement action is then initiated.Potential Beneficiaries – those persons who are eligible to receive Federally assisted program benefitsand services.Pre-award Review – a desk audit of the proposed operations of a program applicant for Federalassistance prior to the approval of the assistance. The department must determine that the program orfacility will be operated such that program benefits will be equally available to all eligible personswithout regard to race, color, or national origin. The applicant may provide methods of administeringthe program designed to ensure that the primary recipient and sub-recipients under the program wouldcomply with all applicable regulations, and correct any existing or developing instances of noncompliance. If the documentation provided by the applicant for the desk audit is inadequate todetermine compliance, then an on-site evaluation may be necessary.Program – any project, activity, or provisions for a facility which provides services, financial aid, or otherbenefits to individuals.Public Notification – process of publicizing information on non-discrimination and the availability ofprograms, services and benefits to minorities. This is attained through use of newspapers, newsletters,periodicals, radio, television, community organizations, directories, brochures, and pamphlets.Recipient – any public or private agency, institution, or organization or any individual to whom Federalfinancial assistance is extended, directly or indirectly, for the purpose of providing services tobeneficiaries.Sub-recipient – an individual or organization that receives Federal financial assistance from the directrecipient .TDOC – the Tennessee Department of CorrectionTHRC – the Tennessee Human Rights CommissionTitle VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d-4 – the Federal law prohibiting discriminationbased on race, color, or national origin. This act covers all forms of Federal aid except contracts ofinsurance and guaranty. Title VI does not cover employment except where employment practices resultin discrimination against program beneficiaries or where the purpose of the Federal assistance is toprovide employment.14

Vendor – any public or private organization or individual who, pursuant to a contract or agreement,provides generally required goods or services for use of program beneficiaries.15

Section 4 – Non-Discrimination PolicyBoard of Parole policy #104.03, Federal Funding and Non-Discrimination, can be found on thefollowing pages. This policy, implemented in its current version in 2017, details the agency’s policystatement and procedures for ensuring non-discrimination in all program areas.The Board of Parole shall make any compliance report on Federal funding and nondiscrimination available to the Tennessee Human Rights Commission upon request.At this time, the Board does not have any subrecipients or contractors, however, in the eventthat the agency does utilize subrecipients or contractors in the future, it is the agency’s expectation thatthese subrecipients and contractors would provide compliance reports on Federal funding and nondiscrimination to the Tennessee Human Rights Commission upon request as well.The Board of Parole policy on Federal Funding and Non-Discrimination is as follows (see pages17-18):16

17

18

Section 5 –Civil Rights OfficeThe Board of Parole’s Title VI Coordinator for fiscal year 2018-2019 was Angela Harrison, HumanResources Director. Since the agency only had 83 positions in fiscal year 2018-2019, all Title VIcoordination is handled in central office by the Title VI Coordinator.The Title VI Coordinator reviews and ensures response to any allegations of Title VI violations.Additional responsibilities for the coordinator include but are not limited to:- Addressing claims filed in central office;- Filing and tracking claims statewide;- Coordinating agency internal investigations for Title VI claims;- Preparing the annual Title VI Implementation Plan; and- Assisting the training division in the development of mandatory Title VI training.19

Section 6 – Discriminatory PracticesThe Board of Parole provides training to all agency staff annually. As part of in-service training,managers and staff are informed that an agency is in violation of Title VI if it:1. Denies an individual service, aid, or benefits because of race, color, or national origin;2. Provides only inferior or discriminatory service, aid, or benefits because of an individual’s race,color, or national origin;3. Subjects an individual to segregation or different treatment in relation to aid, services, orbenefits because of race, color, or national origin;4. Restricts or discourages individuals in their enjoyment of facilities because of race, color, ornational origin;5. Treats an individual differently because of race, color, or national origin in regard to eligibilityfor programs or services;6. Uses criteria which would impair accomplishment of the Act’s objectives or which would subjectindividuals to discrimination because of race, color, or national origin;7. Discriminates against an individual in any program or activity that is conducted in a facilityconstructed even partly with Federal funds;8. Subjects an individual to discriminatory employment practices under any Federal programintended to provide employment.In the event that a complaint was filed alleging a Title VI violation, the Board of Parole wouldthoroughly investigate the complaint. As an example, hypothetically a victim could file a Title VIdiscrimination complaint alleging that black victims and their family members were not receivinghearing notifications. Another example includes a black job candidate filing a complaint that the Boarddid not hire him due to a non-job related felony conviction found in the required criminal backgroundcheck. In the event that such claims were filed, the Board of Parole would follow the steps detailed inthe agency complaint processing procedures section of this report (see Section 10 – ComplaintProcedures). It is the Board’s intent that no discrimination based on race, color or national origin occurin any areas of the agency’s responsibility.20

Section 7 – Federal Programs or ActivitiesFor fiscal year 2018 – 2019, the Board of Parole did not received any Federal financialassistance. Additionally, the Board of Parole received no other grants, loans, or subsidies for fiscal year2018 – 2019. Furthermore, no other Federally funded equipment, training resources, land, loans orFederal personnel were used by the agency for fiscal year 2018 – 2019.The Board of Parole anticipates receiving no Federal funding for fiscal year 2019 - 2020,however, the BOP reserves the right to pursue future Federal funding in the event that funds may bebeneficial in assisting the agency in meeting its goals and mission.21

Section 8 – Data Collection and AnalysisThe Board of Parole provides no programs or activities and receives no Federal funding, thus,the Board of Parole has no potential beneficiaries or applicants. The Agency does, however, collect race,color, and national origin data on Agency staff using Edison, the State of Tennessee’s integratedcomputer system.As of June 30, 2019, the Board of Parole had a total of 83 positions, 83 full time employees, two(2) part time 120 day employees (overlapped with a full time position), and five (5) vacancies. Noadditional positions were added; the 83 positions represent the total number of positions in the agencyfor fiscal year 2018/2019. The racial and ethnic breakdown of agency staff is represented as follows:*Tennessee Census Data,2018:Total # of Employees:Preferred ServiceEmployees:Executive 32.53%)19(23.46%

Correction to the Board of Paroles. This created a new agency, the Board of Probation and Parole (BOPP) effective July 1, 1999. On July 1, 2012 with the signing of House Bill 2386/Senate Bill 2248, Governor Bill Haslam transferred Adult Felony Supervision from the Board of Probation and Parole